A contract is a legally enforceable agreement between two or more parties. It can only be deemed valid once the contract satisfies all the elements pertaining to a contract. However, a legal impasse often arises where one of the parties to the contract refuses to cooperate or when one part of the contract is unenforceable. If such a situation arises, it becomes imperative to take legal steps to enforce the actions. The following are some of the critical steps to take when it comes to enforcing a contract.
Enforcing a Minor Breach
A minor breach can impact the enforceability of a contract. In such a case, allow the other party to rectify the situation to address the breach. Essentially, this helps avoid using the courts as an avenue for resolving the problem.
Typically, the two parties will have to develop a solution to the problem and make the contract enforceable.
Enforcing a Material Breach
Contrary to a minor breach, a material breach occurs when one of the parties fails to complete performance within their part of the agreement. In such a case, the terms of the contract specify possible remedies available in the event of a breach.
Oftentimes, the contract provides for damages in the form of compensation awarded to the other party when a material breach occurs.
Enforcing a Contract with a Lawyer
The enforceability of a contract is determined by looking at the contract's language and the parties' actions. For example, if the contract envisions an illegal action, then that contract is generally unenforceable under the law. However, if the contract envisions legal action but one of the parties fails to perform their part due to complications, then this might constitute a breach.
In this case, an attorney can help the parties understand the contract's language and make amendments to ensure that the contract is legal and enforceable.
However, if enforcing a contract becomes challenging due to a material breach, the attorney may seek legal recourse in court. Effectively, the court will determine the main issue and address the enforceability of the contract.
Need Help? Contact an Attorney
Enforcing a contract is necessary in order to ensure that the parties perform their parts. However, it can become complicated where the contract's language is difficult to understand or where there is a material breach. For this reason, it is imperative to have a competent and qualified attorney by your side.
Essentially, an attorney will provide a breakdown of the contract's terms and help resolve any minor errors that may make the contract enforceable.
Contact us today for a free case evaluation.